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Refund on an already filed Return, Income Tax

Issue Id: - 114135
Dated: 11-9-2018
By:- Bryan Bass
Refund on an already filed Return

  • Contents

I had taken a voluntary separation from my Organization in 2014 as it was shutting down. I got a golden handshake sum of around 5lacs. I paid Income Tax on the complete amount. However, now I am being told that I could have gotten a waiver on the IT under 'Golden Handshake Policy'. Can I still avail a refund on that amount?

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Showing Replies 1 to 2 of 2 Records

1 Dated: 12-9-2018
By:- DR.MARIAPPAN GOVINDARAJAN

You may try. You have to explain the delay in the claim. If you succeed please share the same in this Forum.


2 Dated: 13-9-2018
By:- Yash Jain

Dear Sir,

Yes, as per Section 10(10C) you will get benefit exemption of ₹ 5 Lakhs. (Maximum upper Limit)

Now, our question is that we have filed returns/paid taxes on it. Following table is your case and as under,

Particulars

Remarks

FY of Returns of your Income

2014-15

AY of Return of Your Income

2015-16

Date of Filing of Original Return

31st July, 2015

Due Date for filing Revised Return

31st March, 2016

Remarks

Due date is lapsed, hence revised Return can no longer be filed

Six Years from End of AY – For Condonation cases (Circular No.:9/2015)

31st March, 2022

But CBDT has come up with circular No.:9/2015 - dated 9th June, 2015 , were in they have informed officers (Slab Wise) to grant waiver (Condonation) in case for delay in filing of the Return (In your case – revised Return) for Refunds/ Carry forward of Losses for maximum period of Six years from the end of the Assessment Year (in your case AY is 2015-16 and six years duration is 2021-22).

Now as the amount of refund is Less than ₹ 10 Lakhs you may please make an application seeking condonation for filing the revised return to Principle CIT/CIT of your jurisdiction (Search Jurisdiction by your PAN No.:). Now this circular Also gives power to officer to either accept or reject the case, but he will give the reason in writing. Before filing the refund do check and keep all the documents i.e Intimation U/s 143(1), any assessment order in addition to 143(1) intimation, VRS Letter from your company, proof of details of other income (if disclosed) and allied supporting which you have filed in your ITR. These may be documented by officer and it should not happen that he comes across any thing which is not in your favour, hence check and double check before filing the refund application.

In case if the officer concerned does not know this process, approach Chief Public Information Officer (referred as “CPIO”) and file and Right to Information (RTI) to know the process of refund and he will give you answer within 30 working days..which more or less will be in terms of aforesaid circular.

Looking forward for your return.

Rgds,

Yash Jain

8805235577


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